Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 5
5
Paragraph: 34
The Committee welcomes the Government’s commitment not to rush through replacement legislation and to provide...
Recommendation
The Committee welcomes the Government’s commitment not to rush through replacement legislation and to provide adequate time for full scrutiny. We also appreciate the Minister’s commitment to forging cross-party support for whatever replaces the Fixed-term Parliaments Act. The first step, as the Minister 32 The Fixed-term Parliaments Act 2011 recognised, is for the review committee to be set up. It is important that the review committee is given time to carry out its work to its full satisfaction. Following the reporting of the review committee the Government should produce its proposals and allow time for full pre-legislative scrutiny.
Paragraph Reference:
34
Government Response
Acknowledged
HM Government
Acknowledged
To fulfil its statutory responsibilities under Section 7 of the FTPA the Government tabled a motion, in the House of Commons on 10 November, to make arrangements for a committee to undertake a review of the FTPA and conduct pre-legislative scrutiny of the Government’s draft Bill. That motion was agreed to by the House on 10 November without objection. The Government made a commitment in its manifesto to repeal the FTPA, and to ensure this draft Bill receives adequate parliamentary scrutiny, it is appropriate that this Joint Committee of both Houses is, alongside its consideration of the FTPA, given the opportunity to scrutinise the Government’s draft Bill. The FTPA was rushed and what replaces the FTPA must be subject to greater scrutiny so that we do not repeat this mistake with a core part of our constitution. In giving consideration to the constitutional challenges that the FTPA presented, it is the Government’s view that the Joint Committee will be well placed to scrutinise the draft Bill. The Government is committed to ensuring Parliament is properly consulted on the policy proposals to ensure that the arrangements made for this important part of our democracy, the calling of an election, will operate effectively. The FTPA provides that the majority of the members of this Joint Committee must be MPs but beyond this is silent on the membership. Parliamentarians from both Houses are represented on the Joint Committee who, with their expertise and experience, are best placed to conduct this review. As is the case with all Joint Committees, it will have the power to call witnesses and collect evidence, including from experts whose opinion will undoubtedly be helpful in informing its work.